Traveling on the I-90 during Thanksgiving can be a stressful experience. The roads are crowded, the weather can be unpredictable, and the pressure to get to your destination quickly is high. If you’re caught speeding during this busy travel time, it’s important to know that you don’t have to just accept the ticket. There are steps you can take to contest the speeding violation and possibly avoid hefty fines and points on your driving record.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
Understanding the Speeding Ticket and Your Rights 
Before diving into the specifics of contesting a speeding ticket, the first step is to fully understand the ticket you’ve received. When you’re issued a speeding ticket, the officer will provide you with details such as the speed you were traveling, the location, and the time of the violation. This information is vital when you start building your case.
One thing to keep in mind is that you have the right to contest the ticket in court. You are not automatically obligated to accept the ticket or its penalties. You can plead not guilty and ask for a trial to dispute the charges. In some cases, it might be possible to work out a plea agreement that reduces the fine or the points added to your license.
Mistakes Officers Can Make
While officers are trained to issue speeding tickets accurately, mistakes can still happen. One common mistake is the miscalculation of your speed. Officers typically use radar guns or other speed detection devices to measure your speed, but these devices are not infallible. In some cases, the radar gun may have been malfunctioning or improperly calibrated, which could result in an inaccurate reading.
I was advised by a mutual acquaintance to contact Mr. Pressman following my DWI that I received on December 28, 2015. This was the best advice that I could have been given. He was available immediately to speak with. I was put at ease after speaking with him. It was my first DWI and I had no idea what to expect. It was an isolated case of making a very foolish decision to drive. I had so much anxiety and fear of the unknown. Throughout my whole case Mr. Pressman was very reassuring and kept a positive attitude about what my outcome was going to be. He was available several times when I had random questions and never made me feel like an inconvenience. He was right! My case ended up being reduced to a violation from a misdemeanor and now I can finally begin to have my life back to normal. It was a hard lesson to learn but with the right attorney by your side the transition will be easier. Anita D.
Another factor to consider is whether the officer properly followed the procedures for using the speed detection equipment. If the equipment was not maintained according to manufacturer specifications, the evidence against you may not be valid. As a driver, you have the right to request records of maintenance and calibration for the equipment used to measure your speed. If there is any indication that the equipment was not functioning correctly, your case could be dismissed.
Gathering Evidence to Support Your Case
If you decide to contest the speeding ticket, it’s essential to gather evidence to support your defense. One of the first things you should do is take note of the exact location where the ticket was issued. Try to remember details about the road conditions, visibility, and any obstructions that could have affected the officer’s ability to measure your speed accurately. For example, was there a curve in the road? Were there other vehicles blocking the radar gun? Were there any weather conditions that could have made the officer’s reading less reliable?
It’s also important to take photographs of the area where the ticket was issued. This can include road signs, speed limits, and any other relevant features of the location. If there were any visible signs indicating construction, roadwork, or other distractions, these could be helpful in demonstrating that you were unable to properly follow the posted speed limit.
In some cases, you might even consider getting a statement from a witness who was present at the time of the ticket. If there was another driver who can confirm your version of events, this can help strengthen your case.
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How to Challenge the Radar or Speed Detection Equipment
One of the most common ways to challenge a speeding ticket is by questioning the accuracy of the speed detection equipment used by the officer. Radar guns and other speed measuring devices must be calibrated regularly to ensure that they provide accurate readings. If the equipment hasn’t been properly calibrated or maintained, its readings could be invalid.
You have the right to ask for proof of the calibration and maintenance records for the radar gun used to measure your speed. These records are typically kept by law enforcement agencies, and you can request them during the discovery process. If the officer cannot provide documentation showing that the radar gun was properly calibrated, there’s a chance that the speeding ticket could be dismissed.
Additionally, some radar guns are prone to interference from other vehicles or weather conditions. In your defense, you could argue that the officer’s radar gun was impacted by such factors, making the reading inaccurate. This is especially important if the officer was using a handheld radar gun while you were traveling at high speeds on a highway with other vehicles present.
What to Expect During Your Court Appearance
If your case goes to trial, it’s important to know what to expect. The officer who issued the speeding ticket will likely testify about how they measured your speed, what equipment they used, and the conditions that were present at the time of the violation. They will have a chance to explain their actions, and you will have the opportunity to present your evidence.
During your court appearance, it’s crucial to remain respectful and calm. Present your evidence in an organized manner, including photos, maintenance records, and any other relevant documents. The judge will review the facts and determine whether or not the ticket was valid. In some cases, the judge may even offer you an opportunity to negotiate a plea deal or reduce the fines associated with the ticket.
It’s also worth noting that in some situations, the officer who issued the ticket may not appear in court. If the officer fails to show up, your case could be dismissed. However, this is not guaranteed, and you should still be prepared to present your defense.
Case Results
Hiring an Attorney to Help With Your Case
While fighting a speeding ticket is something you can handle on your own, it can be challenging to navigate the legal process, especially if you are unfamiliar with traffic law. Hiring an attorney who specializes in traffic law can significantly improve your chances of success.
Arthur Pressman, Attorney at Law, has extensive experience handling speeding ticket cases and can guide you through the process of contesting your ticket. With a knowledgeable attorney by your side, you’ll have a better understanding of your options and be able to present a stronger defense. Attorneys can also help negotiate plea deals, reduce fines, and explore other alternatives that could help you avoid the full penalties associated with a speeding ticket.
The Potential Consequences of Losing Your Case
If you lose the case and the judge rules that you are guilty of speeding, you will likely have to pay the fine and may receive points on your driving record. These points can lead to increased insurance premiums and, in some cases, even a suspension of your driver’s license if you accumulate too many points.
However, even if you lose the case, it’s important to remember that all hope is not lost. Your attorney may be able to help you appeal the decision or work out a plea agreement to reduce the penalties. For example, you may be able to take a driving course to have the points removed from your record or have the fine reduced.
What to Do After Receiving a Speeding Ticket on the I-90
Receiving a speeding ticket while traveling on the I-90 during Thanksgiving can be a stressful and frustrating experience. However, it’s important to remember that you have options. Whether you choose to contest the ticket in court or negotiate a settlement, you have the right to protect your driving record and avoid unnecessary penalties.
If you’re unsure about how to proceed, don’t hesitate to contact Arthur Pressman, Attorney at Law. With years of experience handling traffic violations, including speeding tickets on the I-90, we can help you navigate the legal process and achieve the best possible outcome.
To learn more about this subject click here: Understanding New York State Traffic Ticket Penalties
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